Lahey v. Broderick

• Decision Date: 02 June 1903
• Citation: 55 A. 354,72 N.H. 180
• Parties: LAHEY v. BRODERICK et al.
• Court: New Hampshire Supreme Court

55 A. 354

72 N.H. 180

LAHEY

v. BRODERICK et al.

Supreme Court of New Hampshire. Hillsborough.

June 2, 1903.

Exceptions from Superior Court.

Bill in equity by Jeremiah Lahey against James A. Broderick, administrator, and others, praying for a decree confirming plaintiff's title to a tract of land on Ferry street in Manchester. Decree for plaintiff, and defendants excepted. Exceptions overruled.

Jeremiah and Mary Lahey were married in 1868. Mary died in 1892, leaving two children surviving her—Joseph and John. Joseph died in 1899, and John in 1901. The plaintiff is Jeremiah, and the defendant Broderick is the administrator of John's estate. At the date of their marriage neither Jeremiah nor Mary had any substantial amount of money. After their marriage Mary worked a few months, and then began housekeeping. Jeremiah worked steadily until his wife's death, and as he received his wages he turned them over to her to keep, and to use for the benefit of the family. Four children were born to them, two of whom died before the mother. About 1884 the children began to earn money, and their wages were turned over to Mary in the same way as Jeremiah's. In 1884 the family savings amounted to $600. and Jeremiah then made a trade for the land in question with one Eastman, by the terms of which Eastman was to build a house on the land, and upon its completion convey the premises to Jeremiah. Jeremiah paid $600 when the trade was made and agreed to secure the balance of the purchase price ($850) by mortgage. After the trade was made, and before the house was completed, Jeremiah went away to work; and when the house was finished he sent his wife to complete the business with Eastman. The conveyance was made to her, and she gave the mortgage to secure the balance of the purchase price. Mary and Jeremiah were unlearned persons, and neither understood the legal effect of the conveyance. Jeremiah did not think he was giving, and did not intend to give, the property to his wife, when he sent her to complete the trade, nor did Mary understand that the house was a gift from her husband, although both knew that the title stood in her name. At the date of Mary's death the mortgage had been paid, and there was a deposit of $600 in a savings bank in her name. The money on deposit and that used to pay the mortgage was derived from the earnings of Jeremiah and the children, the latter being minors at the time their mother died. John lived at home with his father about a year after his mother's death, and then boarded with Mrs. Gleason, whom he paid regularly until some time in 1896, when he fell ill. He continued to board with her until a few weeks before he died, and was indebted to her at the time of his death. Broderick, as administrator of. John's estate, sold one-half of the premises in question to the defendant McDermott. At the time of the sale, the plaintiff's attorney notified the defendants that John's interest in the estate could not exceed one-third, and that Jeremiah did not waive any rights he might have; but nothing was said as to what his rights were. Some time subsequent to 1896 Mrs. Gleason learned that the title to the premises stood in Mary's name. She thought that her claim against John could be enforced against the property. She knew that Jeremiah received the whole of the income from the property, and never asked him what interest, if any, John had in it; and Jeremiah did not know, and is not in fault for not knowing, that she looked to the property for the payment of her claim against John.

John O'Neill, for plaintiff.

James A. Broderick, for defendant administrator.

REMICK, J. Where, upon the purchase of land, the deed is taken in the name of one person while the consideration money is paid by another, such fact may be proved by parol evidence, and, being established, the law implies a trust or use in favor of him who advances the money. Scoby v. Blanchard, 3 N. H. 170; Pritchard v. Brown, 4 N. H. 397, 17 Am. Dec. 431; Page v. Page, 8 N. H. 187; Gove v. Lawrence, 26 N. H. 484, 482; ...